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Check with town on property upkeep

Wednesday, May 06, 2009

Editor's note: This is the latest in a series of
monthly columns that addresses readers' questions on
legal topics. Please send your questions to Ask the Experts,
Plus Papers, The Republican, P.O. Box 2350, Springfield, MA
01102-2350 or e-mail to plus papers@repub.com with "Ask
the Experts" in the subject line.

Q:My next door neighbor's house has gone
into foreclosure. The bank supposedly owns it, but is not
keeping up the property. I've complained to the bank
and to the city, but no one wants to take responsibility in
taking care of the house. The sidewalks weren't
shoveled this past winter and the bus stop for my children
is right there. I am afraid that someone is going to get
hurt. What should I do? Who is responsible?

A:It appears you are already taking steps to
protect your family. At a minimum, be mindful of the
property, and keep your children from trespassing. This is
especially true if there is a part of the property that
would attract a child, such as a swimming pool. The
following provides some measures you might be able to take,
but to determine the property owner would require a search
of the registry of deeds.

Depending upon the circumstances, you might have a cause of
action for nuisance (among other actions). In sum, a
nuisance is a situation or condition that interferes with
the use or enjoyment of property. Common examples of
nuisance are loud noises or foul odors. What determines a
nuisance greatly depends upon the facts and circumstances,
the character of the neighborhood, the effect of the acts
and other factors.

If you do not want to file a lawsuit, you may have other avenues of recourse. There might be ordinances relating to snow removal within your city or town. Check with the municipality to determine what responsibilities might exist. Additionally, if the property is in disrepair, contact the building inspector to determine if there are code violations. If there are issues relating to sanitation or the environment, you should contact the health inspector and/or the Massachusetts Department of Environmental Protection....